Landlord Can't Get Fees for Nonpayment Proceeding

LVT Number: 9422

Landlord sued to evict tenant for nonpayment of rent. During the trial, the parties agreed that, based on a DHCR rent overcharge order, tenant owed substantially less rent than landlord had originally claimed. The trial court gave landlord a judgment for the reduced amount, and awarded landlord attorney's fees. Tenant appealed, arguing that landlord wasn't entitled to attorney's fees because it didn't win the case. The appeals court agreed with tenant, and revoked the fee award.

Landlord sued to evict tenant for nonpayment of rent. During the trial, the parties agreed that, based on a DHCR rent overcharge order, tenant owed substantially less rent than landlord had originally claimed. The trial court gave landlord a judgment for the reduced amount, and awarded landlord attorney's fees. Tenant appealed, arguing that landlord wasn't entitled to attorney's fees because it didn't win the case. The appeals court agreed with tenant, and revoked the fee award. Since landlord got a substantially smaller amount than he'd sued for, he can't be considered the prevailing party in the case.

Dear v. Lewis: NYLJ, p. 25, col. 2 (1/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)